Covenant Regarding Real Property 2010-0302298D o C # 2010-0302298
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RECORDING REQUEST BY:
)
JUN 16, 2010 2:34 PM
CITY OF POWAY
)
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO:
)
DAVID L BUTLER, COUNTY RECORDER
FEES: 48.00
CITY CLERK
) �%
PAGES: 14
CITY OF POWAY
) 1
BOX 9
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POWAY CA92074 -0789
) 1 -1'
(This space for Recorder's Use)
AP N: 321 - 410 -41
COVENANT REGARDING REAL PROPERTY
Joan K. Butzen Licensed Clinical Social Work Corp., OWNER ( "OWNER" hereinafter),
is the owner of real property described in Exhibit A, which is attached hereto and made a part
hereof, and which is commonly known as 14755 Budwin Lane ( "PROPERTY hereinafter).
In consideration of the approval of MCUP 94- 03M /DR 09 -04 by the City of Poway
( "CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained
in the attached Resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of
the future owners, encumbrances, successors, heirs, personal representatives, transferees
and assigns of the respective parties.
In the event that MCUP 94- 03M /DR 09 -04 expires or is rescinded by City Council, or
the OWNER terminates the use permitted by the MCUP 94- 03M /DR 09 -04, upon the request
of the OWNER the City shall expunge this Covenant from the record title of the PROPERTY
and MCUP 94- 03M /DR 09 -04 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of
this Covenant, the prevailing party shall be entitled to full reimbursement of all costs,
including reasonable attorneys' fees, from the other party.
101110P1 :40
Dated: G - T - poi o - 6s
L (Notarize) OAN K. BUTZEN, OWNER
LICENSED CLINICAL SOCIAL WORK CORP.
CITY OF POWAY:
Dated: 1 f 1/Z 1� By: / /)
R ert J. Mani , Direefor tDvelopment Services
M: \planning \10report\mcup \MCUP 94 -03M Huntington Manor \covenant.docx
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of 603 \ V r 1l Jy
On 3 tOH Zao before me, 21(l �^FIE I 4,l /1/vT+Y+y Ut c Q CT C
Date Rp Here Insert Name and Title of the ice,
personally appeared - 04AJ ZPA)
Name(s) of Signers)
ROBERT STONE NADEL
Commisalon f 18821
Nutl Puft - Cdftnds
San Owl coueq
Comm. 21.2B1S r
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/alsubscribed to the
within instrument and acknowledged to me that
tze/sheAhey executed the same in his/her /their authorized
capacity(ias); and that by his/her /their signature(s)-on the
instrument the person(s};-or the entity upon behalf of
which the person(- acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS Anlil c' Ise .�
Signature
of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): —
❑ Partner— El Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Number of Pages:
Signer's Nat
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
it National Notary Association• 9350 De Soto Ave., P.G. Box 2402 • Chatsworth; CA 91313 -2402• www. Nationarlotaryorg Item #5907 Reorder Call Toll -Free 1- 8008]6 -682]
OrderNo.:830015907 -U50
EXHIBIT A
,4 1
LEGAL DESCRIPTION
PARCEL 1:
PARCEL 2 OF PARCEL MAP NO. 18994, IN THE CITY OF PO.WAY, COUNTY OF'SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 14, 2002 AS FILE NO. 2002-0505790 OF OFFICIAL RECORDS.
PARCEL2:
A RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS A STRIP OF
LAND 20.00 FEET IN WIDTH SITUATED WITHIN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION I TOWNSHIP 14 SOUTH, .RANGE 2 WEST, SAN
BERNARDINO MERIDIAN AND WITHIN LOT 7 (SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER) OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE I -WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, THE WESTERLY LINE OF SAID` 20.00 FOOT STRIP BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION l; THENCE NORTH 89 °19'
WEST ALONG THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 171.96 FEET TO THE
SOUTHERLY TERMINUS OF A LINE DRAWN PARALLEL WITH AND 20.00 FEET WESTERLY
AT RIGHT ANGLES FROM.THE WESTERLY LINE OF LAND CONVEYED TO THE SAN DIEGO
GAS AND ELECTRIC COMPANY BY DEED DATED MARCH 28, 1951 AND RECORDED IN
BOOK 4054 PAGE 374 OF OFFICIAL RECORDS, BEING A POINT IN THE CENTER LINE OF
THAT CERTAIN COUNTY ROAD, AS SHOWN ON THE MAP OF ROAD SURVEY NO. 335, ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR, OF SAID SAN DIEGO COUNTY AND
BEING ALSO THE TRUE POINT OF BEGINNING OF THE WESTERLY LINE OF SAID 20.00
FOOT STRIP OF LAND; THENCE NORTH 1 001' 'WEST ALONG THE ABOVE MENTIONED
PARALLEL LINE AND ALONG THE NORTHERLY PROLONGATION THEREOF, A DISTANCE
OF 1,000.00 FEET; T14ENCE NORTHEASTERLY IN A STRAIGHT LINE, 365.42 FEET, MORE OR
LESS, TO THE SOUTHWESTERLY CORNER OF LOT 6 (NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER) OF SAID SECTION 6, THE EASTERLY LINE OF SAID 20.00 FOOT
STRIP TO BE PROLONGED OR SHORTENED SO. AS TO TERMINATE ON TILE SOUTH IN T14E
SOUTH LINE OF SAID SECTION I AND ON THE NORTH ON THE SOUTH LINE OF SAID LOT 6
IN SECTION 6.
APN: 321 - 410 -41
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form - Modified (1I- 17 -06)
Page 3
RESOLUTION NO. P -10 -16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING MINOR CONDITIONAL USE PERMIT 94 -03M AND
DEVELOPMENT REVIEW 09 -04
ASSESSOR PARCEL NUMBER 321 - 410-41
WHEREAS, Minor Conditional Use Permit 94 -03M and Development Review
09 -04 was submitted by Joan Butzen, Applicant, a proposal to remodel and construct an
approximate 1,460- square -foot (net) addition onto the Huntington Manor residential care
facility located at 14755 Budwin Lane with the Rural Residential C zone; and
WHEREAS, on May 18, 2010, a duly advertised public hearing was held to solicit
comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council. finds that the proposed project is Categorically Exempt
as a Class 1 Categorical Exemption from the California Environmental Quality Act
(CEQA), pursuant to Sections 15301 of the CEQA Guidelines, in that the project
involves a small addition to an existing building.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
.Municipal Code (PMC) for the approval of Minor Conditional Use Permit 94 -03M
proposal to remodel and construct an approximate 1,460- square -foot (net) addition onto
the Huntington Manor residential care facility located at 14755 Budwin Lane are made
as follows:
A. The use was legally established pursuant to San Diego County land use and
social services standards and zoning in place prior to City incorporation in 1980.
Pursuant to PMC 17.48.090 the use has operated in accordance with the
requirements prescribed at the time of its establishment and the development
policies and standards of the City so it is permitted to continue.
B. The facility has been designed to comply with the Poway General Plan and PMC,
and will be consistent in design and scale with surrounding homes that range in
size from 2,000 to 5,000 square feet. Additionally it has operated without receipt
of any complaints for the past couple years. The location, size, design and
operating characteristics of the facility therefore will be consistent and compatible
with, and will.not adversely affect or be materially detrimental to, adjacent uses,
buildings, structures, or natural resources.
C. The facility complies with development standards and it will be consistent in scale
and coverage with surrounding homes that range in size from 2,000 to 5,000
square feet. Therefore, the/ harmony in scale and coverage of the project is
consistent with adjacent uses.
Resolution No. P -10 -16
Page 2
D. There are public facilities, services and utilities available to the site.
E. The addition to the residential care facility has been designed to comply with the
Poway General Plan and PMC standards, and the use has operated compatibly
with surrounding development without receipt of complaint for the last couple
years. Therefore, there will be no harmful effect upon desirable neighborhood
characteristics.
F. The residential care facility existed on the subject site for more than.30 years and.
was developed prior to many of the surrounding residences that have developed
within the past 20 years. Therefore, it has not. resulted in a significant impact on
the character or the intensity of the transportation system in the vicinity and is
found to be consistent with the Circulation Element of the General Plan.
G. The use was legally established pursuant to San Diego County land use and
social services standards and zoning in place prior to City incorporation in 1980.
Pursuant to PMC 17.48.090, the use has operated in accordance with the
requirements prescribed at the time of its establishment and the development
policies and standards of the City so it is permitted to continue. The property is
located in an area with suitable circulation and other infrastructure. The facility
has operated compatibly and without receipt of complaint for the past couple
years. Therefore, the site is suitable for the continued operation of a residential
care facility.
H. The use involved has no hazardous materials or processes, nor does it
significantly affect natural resources. Therefore, there will not be significant
harmful effects upon environmental quality and natural resources.
There are no other relevant negative impacts of the use that cannot be mitigated
J. The impacts, as described above, and the location, size, design -and operating.
characteristics of the use and the conditions under which it operates or is
maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity, nor be contrary
to the adopted General Plan.
Section 3: The findings, in accordance with PMC Chapter 17.52, to approve
DR 09 -04 to remodel and construct a 1,460- square -foot (net) addition onto Huntington
Manor residential care facility located at 14755 Budwin Lane within the Rural
Residential C zone, are as follows:
A. That the addition has been sited to minimize landform alteration, and conform to
City zoning standards. Therefore, the proposed use respects the
interdependence of land values and aesthetics to the benefit of the City; and
Resolution No. P -10 -16
Page 3
B. That the approved project will not have an adverse affect on the aesthetics,
health, safety, or architecturally - related impact upon adjoining properties as the
addition has been designed to be consistent in appearance with the existing
facility and with surrounding residences. Therefore, the proposed design, size,
and scale of the addition is compatible with and will not adversely affect, or be
materially detrimental to adjacent uses, residents, buildings, structures, or natural
resources; and
C. That the granting of the DR would not be materially detrimental to the public
health, safety, or welfare since the proposed use will complete improvements
necessary for the addition; and
D. That the.project has been designed to minimize impacts on the surrounding
community by incorporating a design that is consistent with the existing facility
and the surrounding residential development. Therefore, the proposed
development respects the public concerns for the aesthetics of development; and
E. That the proposed use will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity, nor
be contrary to the adopted General Plan because it will meet all development
requirements; and
F. That the proposed development will comply with each of the applicable
provisions of the Zoning Ordinance and the General Plan.
Section 4: The City Council hereby approves Minor Conditional Use Permit 94 -03M
and Development Review 09 -04 a proposal to remodel and construct an approximate
1,460- square -foot (net) addition onto the Huntington Manor residential care facility
located at 14755 Budwin Lane with the Rural Residential C zone. The project will also
result in the demolition of an existing 499 - square -foot cottage. The approval is subject
to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental' document or decision. The City
may elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
Resolution No. P -10 -16
Page 4
matter. However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
B. Approval of this Minor Conditional Use Permit request shall apply only to the
subject project and existing uses, and shall not waive compliance with all
sections of the Zoning Ordinance and all other applicable City Ordinances in
effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval: (1) the applicant shall submit in
writing that all conditions of approval have been read and understood, and (2) the
property owners shall execute a Covenant Regarding Real Property which states
that the applicant must abide by the conditions contained in this Resolution.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses.
E. The conditions of this MCUP shall remain in effect for the life of the project and
shall run with the land'and be binding upon future owners, successors, heirs, and
transferees of the current property owner.
F. MCUP 94 -03M may be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address unresolved operational concerns that may have been raised during the
prior year.
G. Development on the site must comply with the Poway Noise Ordinance, Chapter
8.08 PMC. Construction work is specifically regulated by PMC 8.08.100.
H. Compliance with the following conditions is required prior to issuance of a
Building Permit.
1. The site shall be developed in accordance with the approved site plan and
elevations on file in the Development Services Department and the
conditions.contained herein.
(Engineering)
2. Applicant shall incorporate Low Impact Development (LID) design features
into the site development. These shall be clearly shown and identified on
the site plan and be appropriately sized for the proposed level of
development. The project shall also incorporate Source Control Best
Management Practices into the site plan.
Resolution No. P -10 -16
Page 5
3. Erosion control securities in the form of a cash deposit shall be posted
with the City prior to grading plan approval. A minimum cash security for
erosion control of $2,000 is required.
4. Applicant shall pay a storm water inspection fee per the City's latest fee
schedule.
5. Following posting of erosion control deposit and storm water inspection
fees the applicant shall attend a pre - construction meeting at the
Department of Development Services. The scheduling request shall be
submitted on a City standard form available from the City's project
engineer. The applicant's action plan that identifies measures to be
implemented during construction to address erosion, sediment and
pollution control will be discussed. Compliance for sediment control shall
be provided using the following guidelines, as directed by the project
inspector.
6. Prior to start of any work within a City-held easement or right -of -way, a
Right -of -Way Permit shall be obtained from the Engineering Division of the
Development Services Department. All appropriate fees shall be paid
prior to permit issuance.
(Planning)
7. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
8. The building plans shall identify the exterior building colors and materials
consistent with the approved project plans on file in the Development
Services Department.
9. A Building Permit- shall be obtained for demolition of the existing 499 -
square -foot cottage.
10. The building shall observe a. minimum 50 -foot setback from the easterly
property line and the porch /landing and trellis cover shall observe a
minimum 46 -foot setback from the easterly property line. The building
plan shall clearly note that said structures will observe the specified
minimum setbacks.
11. Please be advised that if you will be installing or modifying a landscape
area that is greater than or equal to 1,000 square feet that you will be
required to comply with Chapter 17.41 PMC, which addresses irrigation of
outdoor landscaping by setting a maximum amount of water to be applied.
Resolution No. P -10 -16
Page 6
to landscaping, and by designing, installing and maintaining water efficient
landscapes consistent with the water allowance. Any disturbed areas will
need to be landscaped and irrigated.
12. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric
Code, Uniform Fire Code and all other applicable codes and ordinances
in effect at the time of Building Permit issuance. Per California Building
Code requirements, the use is considered to be an 1 -1 occupancy which
requires 1 -hour construction.
13. Details of any exterior lighting shall be included on the building plans,
including fixture type(s) and design. All exterior lighting fixtures are
required to be low- pressure sodium and designed such that they reflect
light downward, and away from streets and adjoining properties. Parking
lot lights shall not exceed a maximum height of 18 feet from the finished
grade.
(Public Works)
14. The applicant shall complete the following requirement to the satisfaction
of the Director of Public Works:
The applicant shall grant a license in favor of the City for City and public
use of the recreational trail that encroaches onto the subject property
along the easterly property line.
J. The applicant shall construct the following improvements to the satisfaction of the
Director of Safety Services:
1. Roof covering shall be fire retardant as per PMC Section 15.04.050 and
City of Poway Ordinance No. 64 and its amended Ordinance No. 526.
2. The building shall display their numeric address in a manner visible from
the access street. Minimum size of the building numbers shall be eight
inches on the front facade of the building.
3. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all- weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. This 20 -foot
access width is the minimum required for Fire Department emergency
access. In most cases, City Engineering standards will be more
restricting. The more restrictive standard shall apply. The Fire Chief,
Resolution No. P -10 -16
Page 7
pursuant to the City of Poway Municipal Code, shall approve the road
surface type.
4. The building will be required to install an approved fire sprinkler system
meeting P.M.C. requirements. The entire system is to be monitored by a
central monitoring company. Check valve assemblies with tamper
switches shall be monitored. A separate plan submittal to the fire
department will be required for the fire sprinkler design.
5. A property licensed contractor shall install an automatic fire alarm system
to approved standards. System shall be completely monitored by a
U.L. listed central station alarm company or proprietary remote station.
6. Fire Department access for use of firefighting equipment shall be provided
to the immediate job construction site at the start of construction and
maintained at all times until construction is completed.
7. Permanent access roadways for fire apparatus shall be designated as
'Fire Lanes' with appropriate signs and curb markings.
8. Minimum 2A:20BC fire extinguisher required for every 3,000 square feet
and 75' travel distance.
9. If medical gases will be used in this building, they shall be installed to
meet requirements of the California Fire Code and the Poway Municipal
Code 15.24.
10. All driveways in excess of 150 feet in length shall be provided with
approved turnarounds.
11. Wildland Urban Interface Building Code Requirements (PMC 15.05) for
high fire hazards areas.
a. Where the roof profile allows a space between the roof covering
and roof decking, the spaces shall be constructed to prevent the
intrusion of flames and embers, be fire- stopped with approved
materials, or have one layer of No. 72 ASTM cap sheet installed
over the combustible decking. Provide note on plans.
b. When provided, valley flashings shall be not less than 0.019 -inch
(0.48 mm) (No. 26 galvanized sheet gage) corrosion- resistant metal
installed over a minimum 36- inch -wide (914 mm) underlayment
consisting of one layer of No. 72 ASTM cap sheet running the full
length of the valley. Provide note on plans.
Resolution No. P -10 -16
Page 8
C. Exterior wall finished material shall be noncombustible and comply
with the California Building Code (e.g.: stucco, masonry, cement
fiber board, heavy- timber, etc.). In addition, all exterior walls are
required to be protected with nominal two -inch solid blocking
between rafters at all roof overhangs. Wood shingle and shake
wall coverings shall be prohibited.
d. Appendages and projections attached to a structure, such as
exterior balconies, carports, decks, and patio covers, shall be
constructed to maintain the fire - resistive integrity of the exterior
walls. Such appendages and projections shall meet the
requirements for all setbacks and fuel modification zones.
e. Exterior windows and glazing are restricted to multilayered glass
(dual glazed) and shall be tempered. Glazing frames made of vinyl
materials shall have welded corners and reinforcement in the
interlock area, and be certified ANSI /AAMA/NWWDA 101/I.S.2 -97
structural requirements. Provide note on plans.
f. Skylights shall be tempered glass. Provide note on plans.
g. Exterior doors shall be of approved noncombustible construction or
ignition- resistant, solid core wood not less than 1% inches thick, or
have a fire protection rating of not less than 20 minutes. Windows
within doors and glazed doors shall comply with exterior window
and glazing requirements. Provide note on plans.
h. All eave, soffit, and roof construction shall be ignition- resistant and
in compliance with PMC Chapter 15.05, Wildland Urban Interface
Building Code. Provide details and notes on plans for eave and
soffit construction.
i. Eave, soffit, and roof ventilation shall be constructed in such a
manner as to provide for flame and ember penetration resistance.
Alternate designs and methods will be considered on a case -by-
case basis. Provide details showing size and location of attic
ventilation and subfloor ventilation on plans.
Roof and attic vents are prohibited in locations where embers are
most likely to accumulate. Provide details showing size and
location of attic ventilation on plans.
k. Gutters and downspouts shall be constructed of noncombustible
materials. Roof gutters shall be provided with the means to prevent
Resolution No. P -10 -16
Page 9
the accumulation of leaves and debris in the gutter that contribute
to roof -edge ignition.
The first 10 feet of material for fences and other attachments, such
as stair risers, treads, landings, porches, and balconies, to
structures shall be constructed of noncombustible material or
pressure- treated, exterior fire- retardant wood. Gates are permitted,
provided that a minimum five -foot length section of noncombustible
fencing material is installed as a firebreak immediately adjacent to
the gate.
M. Unenclosed, under -floor areas shall be enclosed to the ground or
all exposed structural columns, beams and supporting walls are to
be protected as required for one -hour, fire- resistive construction or
heavy- timber construction, per the California Building Code.
n. All awnings attached to any structure shall be identified as fire
rated. Additionally, the awning shall be contained in a metal,
self - closing or box - protected cover.
o. Detached auxiliary structures (playground equipment, free - standing
decks, gazebos, sheds, palapas, and trellises) less than 250
square feet and 30 feet from the nearest structures and property
lines are not required to meet the fire- resistive requirements.
P. All thatched roofing materials shall be a minimum of 30 feet from
any structure and shall have an applied fire retardant chemical.
Proof of application and UL rating of the fire retardant chemical
shall be provided to the Fire Department upon request.
K. Prior to issuance of a Certificate of Occupancy for each development phase,
the applicant shall comply with the following:
1. All existing and proposed utilities or extension of utilities required to serve
the project shall be installed underground. No extension of overhead
utilities shall be permitted.
2. An adequate drainage system around the parking area capable of
handling and disposing all surface water shall be provided to the
satisfaction of the Engineering Inspector.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and
all damages to the streets caused by construction activity from this project.
Resolution No. P -10 -16
Page 10
4. The applicant shall . execute and record a lien agreement for repayment of
their portion of the public water line in Budwin Lane based on the previous
letter agreement. Contact Development Services for a standard form for
the agreement.
(Planning)
5. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. The trees shall be
encouraged and allowed to retain a natural form. Pruning should. be
restricted to maintain the health of the trees and to protect the public
safety.
6. A 6- foot -high solid wood fence shall be provided along the rear (easterly)
property line except in instances where the public recreational trail crosses
onto the subject lot, the fence shall be installed along the westerly limits of
the trail path. Fifteen- gallon trees planted 20 feet on- center and shrubbery
are typically required to be installed and maintained along the inside of the
required fence in a 5- foot -wide landscape planter to provide a dense
landscape screen. In that trees presently exist on the site along the
easterly property line, a count of existing trees along the property line shall
be provided and can be credited and offset the total number of trees
required.
7. The owner or operator of the facilities shall routinely and regularly inspect
the site to ensure compliance with the standards set forth in this permit.
L. The maximum number of residents that may reside in the subject residential care
facility shall not exceed 21, provided that the necessary license is maintained
from the Community Care Licensing Division of the State of California.
M. If the residential care facility use for which MCUP 94 -03M was issued terminates
or ceases operation for a continuous period of time in excess of 180 calendar
days except for: (1) destruction or damage by acts of God; (2) destruction or
damage by malicious acts; or (3) remodeling or rehabilitation requiring prolonged
closure, such remodeling or rehabilitation shall be continuously and diligently
pursued; the use permit shall expire, and shall thereafter be of no further force or
effect.
Section 5: Resolution No. P -94 -36 approving MCUP 94 -03 approving the
construction of a 630 - square -foot addition onto an existing residential care facility
located at 14755 Budwin Lane is hereby rescinded, effective upon establishment of the
use in reliance of the approval of MCUP 94 -03M.
Resolution No. P -10 -16
Page 11
Section 6: The approval of Minor Conditional Use Permit 94 -03M and Development
Review 09 -04 shall expire on May 18, 2012, at 5:00 p.m. unless, prior to that time, use
in reliance on this CUP approval has commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 18th day of May 2010.
Don Higginson, Mayor
ATTEST:
Troyan, MMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under
the. penalty of perjury, that the foregoing Resolution No. P- 10 -16, was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of May 2010, and
that it was so adopted by the following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
and . Troyan, MMC, City Clerk
City of Poway